Department Levies $80,000 in Fines Against 21 Nursing Homes Through March 2002

Albany, March 14, 2002 – The New York State Health Department (the Department) today released information regarding its enforcement actions against nursing homes in 2002. Through March 14, 2002, the Department has fined 21 nursing homes a total of $80,000 for deficiencies related to care and services provided. Under State law, the Department may fine nursing homes up to $2,000 for each violation cited during an on–site survey.

In calendar year 2001, the Department fined 95 nursing homes a total of $576,000 for deficiencies related to care and services provided.

The federal Center for Medicare and Medicaid Services (CMS) requires the New York State Department of Health to conduct unannounced standard surveys of all nursing homes operating in the State. Nursing homes found to have violations are issued a statement of deficiencies (SOD) by the State Health Department, citing those deficiencies identified during the survey as well as the seriousness of the findings.

In cases in which a facility is issued a SOD, the administrator of the home is required to submit a Plan of Correction (POC) to the Department. The Plan of Correction states what the facility will do to correct the individual findings, what steps will be implemented to prevent the deficient practice from affecting others, as well as their protocols to monitor the effectiveness of the plan over time to prevent reoccurrence of violations. All facilities listed below have submitted a POC.

Nursing home surveys are outcome based and focus on the status of the care and services provided to residents by nursing homes. Through the survey process, the Department reviews issues and aspects of care that impact the lives of nursing home residents. SODs categorize deficiencies in the areas of administration, quality of care, resident rights, food service, environment, and other services such as dental, pharmacy and specialized rehabilitation.

As part of the surveillance of nursing homes in the State, the Department sends a team of trained surveyors into facilities that may include registered nurses (RN's), social workers, nutritionists, and physicians. A Department representative responsible for the sanitary conditions of the facility completes the life–safety code portion of the survey (building codes, fire safety equipment and security systems).

Deficiencies, which signify a failure to meet federal and/or state regulations, range from minor to serious (serious violations may include avoidable weight loss, the development of avoidable pressure sores, or the occurrence of resident abuse, mistreatment or neglect). In order to identify issues, problems or potential violations, surveyors utilize three approaches: direct observation of services provided, interviews with residents, family members, direct care staff and administrators, and review of resident medical records. Once the survey team has gathered pertinent information, they analyze the data collectively and make a determination on whether the home should be cited for violations.

The attached listing identifies the name of the facility, its location, the monetary amount of the fine and the latest corresponding survey related to the enforcement action.

3/14/02–30 OPA

Nursing Homes Fined by The New York State Department of Health Through March 14, 2002